Description:
This program will draw the experience of seasoned practitioners who have represented owners, general contractors, sureties, architects, engineers and subcontractors. They have tried both bench and jury cases in the courts of the Commonwealth, before the American Arbitration Association and other dispute resolution forums.
The discussion will track issues from pretrial considerations through trial and conclude with an update on E-Discovery issues with the Navigant Consulting technology solutions team.
Agenda
PRETRIAL CONSIDERATIONS
1. Forum Selection ¡V Arbitration or Litigation
a. Common contractual forum selection provisions
b. Jury or Bench?
c. Differences between Arbitration and Litigation (cost, discovery, appellate rights)
d. New AAA Construction Industry Rules for Arbitration (sliding scale fees, etc.)
2. Pre-Judgment Remedies
a. Mechanic¡¦s Liens
b. Injunctive Relief, Attachments, Reach and Apply
3. Discovery
a. Basic types of document requests/interrogatories
b. Spoliation Issues
c. Depositions
d. Use of experts for discovery
4. Trial Preparation
a. Witness Identification
b. Witness Preparation
c. Evidence Preservation
5. Trial
a. Exhibits ¡V Best Practices [Chaulks/Demonstrative Aids]
b. Experts
i. When is it required?
ii. Expert reports
E-DISCOVERY ISSUES IN CONSTRUCTION CASES
Sponsoring Section/Committee(s):
* Litigation Section
* Construction Law Committee
*Real Estate Section
Speakers:
Hugh J. Gorman III
Moderator
Prince Lobel Tye LLP
John McNamara
Moderator
Domestoco, Lane & McNamara, LLP
Steven Collins
Navigant Consulting
Michael P. Sams
Kenney & Sams, P.C.
John P. Connelly
Hinckley, Allen & Snyder LLP
Samuel M. Starr
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.
Christopher C. Whitney
Little Medeiros Kinder Bulman & Whitney PC
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
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